EPA fines seven Tucson charter school operators $67,240 for asbestos violations

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EPA fines seven Tucson charter school operators $67,240 for asbestos

violations

U.S. EPA.gov (press release) - Washington,DC*

Release date: 08/06/2007

Contact Information: Dean Higuchi, 808-541-2711, higuchi.dean@...

http://yosemite.epa.gov/opa/admpress.nsf/0/e3ffe72bbae144e98525732f00

7278b0?OpenDocument

(08/06/07) SAN FRANCISCO -- The U.S. Environmental Protection Agency

recently fined seven Tucson charter school operators a combined

total of $67,240 for Asbestos Hazard Emergency Response Act

violations.

In May 2006, EPA inspectors discovered the school operators all

failed to conduct inspections to determine if asbestos-containing

material was present in school buildings and failed to develop

asbestos management plans. Accredited inspectors later found

asbestos in six of the schools. All of the schools have since taken

necessary actions to comply with the law.

" Asbestos in schools has the potential for endangering the health of

students, teachers, and others, including maintenance workers, " said

Lau, Associate Director for the Communities and Ecosystems

Division in EPA's Pacific Southwest region. " The EPA takes these

violations seriously, and is pleased that the schools have now

conducted the inspections and put asbestos management plans in

place. "

The schools are:

* Pima Partnership School: The operator Pima Prevention Partnership,

Inc. was fined $12,600.

* Transformational Learning Center: The operator TLC Charter

Schools, Inc. was fined $12,600.

* Alternative Computerized Education Charter High School: The

operator Tucson Youth Development, Inc. was fined $12,600.

* Tucson Urban League Academy: The operator Tucson Urban League,

Inc. was fined $11,300.

Asbestos was discovered at all four schools during inspections. Each

school now has a management plan including the location of the

asbestos and how the school will properly manage the asbestos to

reduce the risk of exposure.

* City High School: The operator of the school, Tucson Small School

Project, Inc., was fined $8,800. During an inspection, the inspector

found asbestos materials, including an area of damaged acoustic

ceiling plaster which needed removal. The school has since

implemented a management plan and removed the damaged asbestos-

containing building material.

* Toltecali Academy, Calli Ollin Academy, and Hiaki High School: The

operator of these schools, Calli Ollin Academy, was fined $7,300.

During an inspection of Calli Ollin Academy, the inspector found

asbestos materials, including about three linear feet of damaged

pipe insulation. The school has since implemented a management plan

and removed the damaged asbestos material for Calli Ollin Academy.

Toltecali Academy was constructed in 2002 and a letter from the

builder of the school confirmed that no asbestos containing building

material was used in construction of the school. A management plan

for the school has since been prepared. Asbestos was not found

during an inspection of Hiaki High School, but the inspection was

not conducted prior to operating the school. The school operator

also failed to maintain an asbestos management plan, and has since

developed a plan and has records available showing no asbestos was

found at Hiaki.

* Southside Community School: The operator, Aprender Tucson, will

pay a cash penalty of $1,453, after subtracting the EPA approved

costs of complying with the law from a $2,040 fine. After the EPA's

inspection, the school operator obtained written confirmation from

the builder of the school that no asbestos was used in construction,

but failed to maintain an asbestos management plan. The school now

has an asbestos management plan and records available showing no

asbestos was used in the construction of the school.

Each school is allowed to subtract properly documented costs of

complying with the regulations from the penalty amount.

Federal law requires schools to conduct an initial inspection using

accredited inspectors to determine if asbestos-containing building

material is present and develop a management plan to address the

asbestos materials found in the school buildings. Schools are also

required to appoint a designated person who is trained to oversee

asbestos activities and ensure compliance with federal regulations.

Finally, schools must conduct periodic surveillance and re-

inspections, properly train the maintenance and custodial staff, and

maintain records in the management plan.

Local education agencies must keep an updated copy of the management

plan in its administrative office and at the school which must be

made available for inspection by parents, teachers, and the general

public.

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